Rule 703
Review of Administrative Decisions
Orders, Decisions, and Awards made in a summary manner,
without detailed findings of fact, including Decisions on applications to
approve agreements to pay compensation and medical bills, applications to
approve the termination or suspension of compensation, applications for
change in treatment or providers of medical compensation, applications to
change the interval of payments, and applications for lump sum payments of
compensation may be reviewed by filing a Motion for
Reconsideration with the Industrial Commission and addressed to the
Administrative Officer who made the Decision or may be appealed by
requesting a hearing within 15 days of receipt of the Decision or receipt of
the ruling on a Motion to Reconsider. These issues may also be raised and
determined at a subsequent hearing.
Motions for Reconsideration shall not stay the effect of
the Order, Decision or Award; provided, that the Administrative Officer
making the Decision or a Commissioner may enter an Order staying its effect
pending the ruling on the Motion for Reconsideration or pending a Decision
by a Commissioner or Deputy Commissioner following a formal hearing. In
determining whether or not to grant a stay, the Commissioner or
Administrative Officer will consider whether granting the stay will
frustrate the purposes of the Order, Decision, or Award.
Any review made by requesting a hearing shall be made to
the Industrial Commission and filed with the Industrial Commission’s Docket
Director. The Industrial Commission shall designate a Commissioner or Deputy
Commissioner to hear the review. The Commissioner or Deputy Commissioner
hearing the matter shall consider all issues de novo, and no issue
shall be considered moot solely because the Order has been fully executed
during the pendency of the hearing.
Orders filed by a single Commissioner, including Orders dismissing appeals to the Full Commission or denying the right of immediate appeal to the Full Commission, are administrative orders and are not final determinations of the Industrial Commission. As such, an Order filed by a single Commissioner is not immediately appealable to the North Carolina Court of Appeals. A one-signature Order filed by a single Commissioner may be reviewed by filing a Motion for Reconsideration addressed to the Commissioner who filed the Order or may be appealed to a Full Commission panel by requesting a hearing within 15 days of receipt of the Order or receipt of the ruling on a Motion for Reconsideration.
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